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Circulars Customs
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Export obligation monitoring: compliance mechanisms and enforcement for EPCG and Advance Authorization beneficiaries clarified.
An Export Obligation Monitoring Cell will oversee fulfilment under EPCG and Advance Authorization schemes; installation certificates and timelines apply, with random verification of authenticity. The SOP mandates notices to defaulters, DGFT coordination, bond or guarantee execution, penalties, and proportional duty with interest for non-fulfilment, and permits extensions or self-payment in bonafide default cases while stakeholders may report implementation issues to the Principal Commissioner of Customs.
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Professional services by insolvency professionals may be provided under approved resolution plans, with billing permitted in professional or entity name.
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Charitable status preserved where incidental surplus, trustee payments, or deed amendments further educational objectives without private benefit.
The Court analysed whether surplus generation, fee policies, deed amendments, and payments to trustees removed an educational trust's charitable purpose. It held that incidental surplus and deed changes furthering objectives do not automatically negate charitable character, and payments for genuine services do not necessarily amount to private benefit. Cancellation of registration requires proof of lack of genuineness or objective deviation; mere shortcomings or commercial elements aimed at sustainability are insufficient.
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Residential status determination can shift tax assessment jurisdiction when overseas activities do not qualify as employment.
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Non-monetary consideration: free diesel treated as part of taxable value for GTA services under GST implications.
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Case Laws Income Tax
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Draft assessment procedure required under law: omission invalidates assessment proceedings and denies assessee DRP objection rights.
Section 144C mandates a non-obstante, mandatory draft assessment procedure for eligible assessees, requiring issuance of a draft order, opportunity to file objections, and consideration by a three-member Dispute Resolution Panel. A foreign entity qualifying as an eligible assessee must be afforded this process; failure to issue the draft order is a substantive lapse that deprives the assessee of the DRP forum and engenders jurisdictional infirmity in any consequent final assessment, demand, or penalty. Revisionary powers do not obviate the Section 144C mandate.
Case Laws Income Tax
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DTAA incorporation: notification requirement under domestic law limits automatic treaty application across countries and clarifies temporal scope.
The decision holds that a DTAA requires a mandatory notification under Section 90(1) to be effective domestically, that provisions in a DTAA with one country do not automatically extend to other bilateral agreements without explicit amendment, and that the present-tense term "is" fixes the temporal application of treaty benefits to the date of treaty entry with India.
Case Laws Income Tax
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Most favoured nation clause interpretation guides treaty effect, subject to domestic notification requirements for implementation.
The Most Favoured Nation (MFN) clause in tax treaties must be interpreted under Article 31 VCLT principles as reflecting customary international law, with subsequent agreements and state practice serving as authentic means of interpretation. Domestic implementation procedures materially affect treaty operation: comparative practices of other states cannot substitute for India's requirement of formal domestic steps, including issuance of a notification after a treaty trigger event, to assimilate treaty amendments into national law.
Case Laws Income Tax
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Treaty implementation procedures determine when DTAA modifications bind taxpayers, requiring domestic notification for enforceability.
In India, DTAA modifications take effect only upon formal domestic notification, preventing automatic retroactive application of third country treaty changes and reflecting a dualist approach requiring assimilation of treaty amendments into domestic law before they bind taxpayers; by contrast, the Netherlands, France, and Switzerland rely on differing domestic mechanisms-executive decrees, parliamentary ratification, or referenda and implementing orders-that may permit retroactive application and integrate treaties into domestic enforceable law.
Case Laws Income Tax
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Interpretation of "is" in tax treaties determines when OECD membership triggers treaty benefits under domestic implementation rules.
Interpretation of the term "is" in DTAAs is context-dependent: although generally present in signification, its temporal application must be determined from the treaty text and purpose. Applied to OECD membership, the operative moment for eligibility to treaty benefits depends on when the DTAA relationship produces the relevant legal consequence, and this assessment must be reconciled with the domestic requirement for legislative action or notification for treaty enforceability.
Case Laws Income Tax
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Treaty Enforcement: legislative enactment required for treaties to create domestic rights; executive negotiation alone is insufficient.
Treaties do not function as self-executing domestic law; the Union may negotiate and ratify international agreements but legislative enactment is required to create or alter domestic rights and obligations. Under the dualist approach, executive negotiation and foreign measures cannot substitute for domestic incorporation; implementing statutes and notification mechanisms are necessary for tax treaties to be recognized and applied by revenue authorities. Courts may consult treaty texts to resolve ambiguities in domestic implementing laws but cannot themselves import treaty provisions into domestic law absent parliamentary enactment.
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Anticipatory bail rights affirmed: non-accused persons may seek protection and PMLA arrests require recorded reasons and prompt court production.
Anticipatory bail under Section 438 Cr.P.C. is available even before formal accusation and persons not named in an ECIR have locus standi to seek it. Arrest powers under Section 19 of the PMLA require a recorded reasonable belief by the Director and strict compliance with statutory conditions; failure to record reasons or comply with the arrest provisions can vitiate the arrest. Arrested persons must be produced before the court within 24 hours, excluding transit time, to secure judicial oversight and protect liberty.

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Deadline Extension for Processing E-Filed Tax Returns: Refund Claims on Income Tax Returns

8 February, 2024

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Circular No. F. No. 225/132/2023/ITA-II - Dated: 1-12-2023 - Processing of returns of income validly filed electronically with refund claims under section 143(1) of the Income-tax Act, 1961 beyond the prescribed time limits in non-scrutiny cases

Circular No. F. No. 225/132/2023/ITA-II - Dated: 16-10-2023 - Processing of returns with refund claims under section 143(1) of the Income-tax Act, 1961 beyond the prescribed time limits in non-scrutiny cases

Circular No. F. No. 225/132/2023/ITA-II - Dated: 31-1-2024 - Processing of returns of income validly filed electronically with refund claims under section 143(1) of the Income-tax Act, 1961 beyond the prescribed time limits in non-scrutiny cases

Overview

The Government of India, through the Ministry of Finance and the Central Board of Direct Taxes (CBDT), has issued orders regarding the processing of income tax returns filed electronically with refund claims, specifically for non-scrutiny cases. These orders, released on December 1, 2023, and January 31, 2024, address concerns related to technical issues or other factors outside the taxpayers' control that have prevented the processing of returns for the assessment years (AYs) 2018-19, 2019-20, and 2020-21.

Key Points from the Orders

  1. Background and Necessity:

    • Technical problems and other non-taxpayer related reasons have delayed the processing of income tax returns for AYs 2018-19 to 2020-21.
    • This delay has led to taxpayers not receiving their due refunds, prompting the CBDT to issue these orders.
  2. Relaxation of Time Limits:

    • To address these delays, the CBDT initially extended the deadline to January 31, 2024, for processing returns filed up to AY 2017-18 and for assessment years (AYs) 2018-19, 2019-20 and 2020-21.
    • Recognizing ongoing issues, the CBDT further extended the processing deadline for returns up to AY 2020-21 to April 30, 2024.
  3. Conditions for Processing:

    • Returns can now be processed with the prior approval of higher tax authorities (Pr.CCIT/CCIT).
    • Specific exclusions apply, such as returns under scrutiny, returns showing or likely to show a payable demand, and returns unprocessed due to issues attributed to the taxpayer.
  4. Administrative and Technical Support:

    • Upon receiving administrative approval, necessary technical support will be provided to the assessing officers for processing these returns.
    • The progress of these cases will be monitored by higher tax authorities.
  5. Exclusions:

    • The relaxation does not apply to scrutiny cases, returns with payable demands, and those unprocessed due to taxpayer's fault.
  6. Communication and Compliance:

    • The orders mandate widespread dissemination for compliance and are also available in Hindi.

Implications for Taxpayers

These orders from the CBDT offer relief to taxpayers who have faced delays in the processing of their income tax returns due to reasons beyond their control. By extending the time limits and providing clear guidelines for processing these returns, the government aims to alleviate the hardships faced by taxpayers and ensure they receive their rightful refunds.

Taxpayers with returns for AYs upto 2020-21 that have not been processed due to technical issues or other non-fault reasons are now given an extended opportunity to have their returns processed and to receive any refunds due. This move also emphasizes the government's commitment to addressing taxpayer grievances and ensuring efficient tax administration.

Conclusion

The relaxation of the prescribed time limits for the processing of income tax returns is a significant step towards resolving taxpayer grievances related to refund delays. By extending deadlines and setting clear conditions and exclusions, the CBDT aims to ensure that taxpayers receive their due refunds promptly while maintaining the integrity of the tax administration process.

 


Full Text:

Circular No. F. No. 225/132/2023/ITA-II - Dated: 1-12-2023 - Processing of returns of income validly filed electronically with refund claims under section 143(1) of the Income-tax Act, 1961 beyond the prescribed time limits in non-scrutiny cases

Circular No. F. No. 225/132/2023/ITA-II - Dated: 16-10-2023 - Processing of returns with refund claims under section 143(1) of the Income-tax Act, 1961 beyond the prescribed time limits in non-scrutiny cases

Circular No. F. No. 225/132/2023/ITA-II - Dated: 31-1-2024 - Processing of returns of income validly filed electronically with refund claims under section 143(1) of the Income-tax Act, 1961 beyond the prescribed time limits in non-scrutiny cases

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Acts Income Tax